BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 346|
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UNFINISHED BUSINESS
Bill No: SB 346
Author: Kehoe (D), et al
Amended: 8/25/10
Vote: 21
SENATE ENV. QUALITY COMMITTEE : 5-2, 4/20/09
AYES: Simitian, Corbett, Hancock, Lowenthal, Pavley
NOES: Runner, Ashburn
SENATE APPROPRIATIONS COMMITTEE : 8-5, 5/26/09
AYES: Kehoe, Corbett, DeSaulnier, Hancock, Leno, Oropeza,
Wolk, Yee
NOES: Cox, Denham, Runner, Walters, Wyland
SENATE FLOOR : 22-16, 6/3/09
AYES: Alquist, Calderon, Cedillo, Corbett, DeSaulnier,
Ducheny, Florez, Hancock, Kehoe, Leno, Liu, Lowenthal,
Negrete McLeod, Oropeza, Padilla, Pavley, Romero,
Simitian, Steinberg, Wiggins, Wolk, Yee
NOES: Aanestad, Ashburn, Benoit, Cogdill, Correa, Cox,
Denham, Dutton, Harman, Hollingsworth, Huff, Maldonado,
Strickland, Walters, Wright, Wyland
NO VOTE RECORDED: Runner, Vacancy
ASSEMBLY FLOOR : 70-3, 8/30/10 - See last page for vote
SUBJECT : Hazardous materials: motor vehicle brake
friction materials
SOURCE : City of San Diego
Sustainable Conservation on Behalf of the Brake
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Pad
Partnership
DIGEST : This bill restricts the use of copper and other
toxic chemicals in automobile brake pads.
Assembly Amendments revise and recast various provisions of
the bill while maintaining the intent of the bill.
ANALYSIS :
Existing law:
1. Requires the Department of Toxic Substances Control
(DTSC), by January 1, 2011, to adopt regulations to
establish a process to identify and prioritize chemicals
or chemical ingredients in consumer products that may be
considered a "chemical of concern," in accordance with a
review process, as specified.
2. Requires DTSC, on or before January 1, 2011, to adopt
regulations to establish a process to evaluate chemicals
of concern, and their potential alternatives, in
consumer products in order to determine how best to
limit exposure or to reduce the level of hazard posed
by a chemical of concern, as specified.
3. Prohibits the manufacture, processing, and distribution
in products containing certain materials found to raise
health risks, including lead, polybrominated diphenyl
ethers, and phthalates.
4. Requires the State Water Resources Control Board (SWRCB)
and the California regional water quality control boards
to regulate the discharge of stormwater in accordance
with the federal Clean Water Act and the Porter-Cologne
Water Quality Control Act.
This bill:
1. Limits the use of copper in motor vehicle brake pads to
no more than five percent by weight on or after January
1, 2021, and no more than .5 percent by weight on or
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after January 2025.
2. Exempts specific vehicles from the copper limitation in
brake pads including (a) military vehicles, (b) vehicles
with internal closed oil immersed brakes that do not
emit copper or other debris under normal operating
conditions, (c) parking brakes, (d) vehicles
manufactured by small volume manufactures, and (e)
motorcycles.
3. Exempts from the five percent copper brake pad
restrictions all vehicles, or brake pads manufactured
for use on those vehicles, manufactured prior to January
1, 2021.
4. Exempts from the .5 percent copper brake pad
restrictions all vehicles, or brake pads manufactured
for use on those vehicles, manufactured prior to
December 31, 2024.
5. Restricts the use of the following toxic materials in
motor vehicle brake pads by January 1, 2014:
Cadmium and its compounds: 0.01 percent by
weight
Chromium (VI)-salts: 0.1 percent by weight
Lead and its compounds: 0.1 percent by weight
Mercury and its compounds: 0.1 percent by weight
6. Requires manufacturers of brake pads to review safety
data on alternatives to copper in brake pads. Allows
manufactures to conduct an additional alternatives
analysis based on an open source alternative analysis
carried out by the brake pad manufacturer.
7. Requires brake pad manufacturers, beginning in 2014, to
obtain certification to demonstrate compliance with the
bill's limits and to include that certification of the
content of the brake pads.
8. Requires vehicle manufacturers and retailers of brake
pads to ensure that only compliant brake pads are sold
in this state.
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9. Establishes a civil fine of up to $10,000 per violation
of the brake pad limitations and certification
requirements.
10.Allows a brake pad manufacturer, effective January 1,
2021, to apply to DTSC for a one, two or three-year
extension of the 2025 ban and for additional two-year
extensions until January 1, 2030. Heavy-duty brake pad
manufacturers only will be able to apply for two-year
extensions until January 1, 2032.
11.Requires an application for an exemption to be forwarded
by DTSC to the Copper Brake Advisory Committee (CBAC),
which will be a nine-member committee appointed by the
Secretary of the California Environmental Protection
Agency (Cal-EPA). The CBAC will be composed of:
Three members representing the manufactures of
brake friction materials and motor vehicles.
Three members representing municipal storm water
quality agencies and nongovernmental environmental
organizations.
Three members who are experts in vehicle and
braking safety, economics and or relevant technical
areas.
12.Provides that members of the CBAC shall disclose
financial interest related to vehicle or vehicle parts
prior to being appointed.
13.Allows the CBAC to request additional information from
DTSC with 75 days of receipt of a request for an
extension.
14.Provides that the Secretary of Cal-EPA shall rely on the
recommendations of the CBAC when making a determination
on an extension request.
15.Establishes DTSC as the enforcing agency for the
requirements of this bill and permits them to remove
non-compliant brake pads from sale, but specifically
does not authorize the recall of vehicles to remove the
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illegal brake pads.
16.Requires DTSC and SWRCB to submit a report to the
Governor and Legislature not later than January 1, 2023,
on recommended actions necessary to address any
deficiencies in meeting the copper reduction targets
established by this bill.
Comments
According to the author's office, elevated copper levels
occur in urban watersheds across California. Dissolved
copper is toxic to phytoplankton (the base of the aquatic
food chain). It also impairs salmon's ability to avoid
predators and deters them from returning to their home
streams to spawn. Scientific studies have shown that a
major source of copper in highly urbanized watersheds is
material worn off vehicle brake pads. It is estimated that
about one-half of the copper found in run-off is attributed
to brake pads.
According to the United States EPA, elevated levels of
copper are toxic to aquatic environments and may adversely
affect fish, invertebrates, plants, and amphibians. Acute
toxic effects may include mortality of organisms; chronic
toxicity can result in reductions in survival,
reproduction, and growth.
Motor vehicles are a major source of toxic contaminants
such as copper, a metal that originates from brake pad
wear. Copper and other pollutants are deposited on roads
and other impervious surfaces and then transported to
aquatic habitats via stormwater runoff.
Total Maximum Daily Loads . The SWRCB has established Total
Maximum Daily Loads (TMDLs) as allowable pollution limits
on copper and other pollutants in several Southern
California urban watersheds. Failure to comply with these
TMDLs will result in serious penalties to the responsible
jurisdictions. SWRCB is working to establish these TMDLs
for watersheds throughout California. The ubiquity of
copper in the urban environment, and the technical
difficulty and impracticality of treating stormwater to
remove it, mean that compliance with copper TMDLs will not
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be feasible without source reduction of copper. Cost could
go into the billions of dollars to remediate if source
reduction measures are not taken.
This bill requires brake pad manufacturers to reduce the
use of copper in brake pads sold in California to no more
than five percent by 2021, and no more than 0.5 percent by
2025. This bill also (1) creates limits for other brake
pad materials, (2) establishes a certification process for
compliance, (3) establishes civil penalties for violations,
(4) creates a Brake Friction Materials Water Pollution Fund
into which any fines and penalties would be deposited, and
(5) provides a mechanism that manufacturers can use to
obtain extensions of the bill's deadlines if they cannot
provide a safe and compliant product in time in order to
make sure that Californians' safety is not compromised in
any way. The goal is to improve California's water quality
and allow stormwater agencies to meet their TMDLs, while
also ensuring that brakes remain affordable and fully able
to meet rigorous safety and performance standards.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Assembly Appropriations Committee, this
bill will result in costs to DTSC and Cal-EPA including:
1. One-time costs to DTSC of approximately $200,000 during
2010-11 and 2011-12 for manufacturer outreach and
education, including development of website materials.
(Hazardous Waste Control Account (HWCA))
2. One-time costs to DTSC of approximately $200,000 during
2010-11 and 2011-12 to develop certification and marking
criteria. (HWCA)
3. One-time cost to DTSC of approximately $100,000 during
2011-12 to initially certify third-party certifiers of
brake pads. (HWCA)
4. Minor annual costs to DTSC in the tens of thousands of
dollars beginning in 2013-14 to accept filings by
manufacturers of brake pad certification, covered fully
by filing fee. (HWCA)
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5. Annual costs to DTSC of approximately $250,000 beginning
in 2020-21 to accept and review requests for extension
and exemption withdrawal, fully covered by request fees.
(HWCA or Brake Friction Materials Water Pollution Fund
(BFMWPF))
6. Annual costs to DTSC ranging from $250,000 to $500,000
beginning in 2013-14 to enforce bans, including
inspections of brake manufacturers and third-party
certifiers and laboratory analysis of brake pads. (HWCA
or BFMWPF)
7. Minor annual costs to the Secretary for Cal-EPA in the
tens of dollars beginning in 2020-21 to review extension
and exemption requests. (General Fund)
8. Minor, absorbable annual costs to the Air Resources
Board and DTSC, beginning in 2020-21, to consult with
DTSC on extension and exemption requests.
SUPPORT : (Verified 8/27/10)
City of San Diego (co-source)
Sustainable Conservation on Behalf of the Brake Pad
Partnership (co-source)
Alameda County Board of Supervisors
Alliance of Automobile Manufacturers
American Society of Civil Engineers
Association of International Automobile Manufacturers
Automotive Aftermarket Industry Association
Automotive Aftermarket Suppliers Association
Automotive Service Councils of California
Bay Area Stormwater Management Agencies Association
(representing 84 cities and seven counties)
Best Brakes
California Association of Environmental Health
Administrators
California Autobody Association
California Automotive Business Coalition
California Automotive Wholesalers' Association
California Coastkeeper Alliance
California Council for Environmental and Economic Balance
California League of Conservation Voters
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California Product Stewardship Council
California Retailers Association
California State Association of Counties
California Stormwater Quality Association
Calleguas Creek Watershed Steering Committee
Center for Environmental Health
Centric Parts
City and County of San Francisco
Cities of Arcadia, Artesia, Azusa, Bellflower, Beverly
Hills, Camarillo, Carson, Cerritos, Commerce, Covina,
Downey, Duarte, La Mirada, La Verne, Lakewood, Long
Beach, Los Angeles, Lynwood, Monrovia, Monterey Park,
Moorpark, Norwalk, Palo Alto, Paramount, Port Hueneme,
Rolling Hills, San Gabriel, San Jose, San Pablo, Santa
Marino, Santa Paula, Santa Fe Springs, Signal Hill,
Sunnyvale, Thousand Oaks, Torrance, Ventura, Vernon,
Vista, and Whittier
City/County Association of Governments of San Mateo County
Clean Water Action
Coalition for Auto Repair Equality
Coalition for Practical Regulation (representing 40
cities)
Coastal Environmental Rights Foundation
Defenders of Wildlife
East Bay Municipal Utility District
Environmental Entrepreneurs
Forests Forever
Gateway Authority (Los Angeles Gateway Region of
Integrated Regional Water Management Joint Powers
Authority)
Heal the Bay
Industrial Environmental Association
Larry's Auto Works
League of California Cities
Los Angeles County Flood Control District
Los Angeles County Stormwater Quality Partnership
Motor and Equipment Manufacturers Association
Natural Resources Defense Council
Ocean Conservancy
Planning and Conservation League
Port of San Diego
Power Slot
San Diego Coastkeeper
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San Francisco Public Utilities Commission
Sanitation Districts of Los Angeles County
Santa Clara Valley Urban Runoff Pollution Prevention
Program
Save the Bay
Sierra Club California
Stop Tech
StopWaste.Org
TDC Environmental
Truck Manufacturers Association
United States Navy
University of California, San Diego
Ventura County Board of Supervisors
Ventura Countywide Stormwater Quality Management Program
West Valley Clean Water Program
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Arambula, Bass, Beall, Tom Berryhill,
Block, Blumenfield, Bradford, Brownley, Buchanan,
Caballero, Charles Calderon, Carter, Chesbro, Cook, Coto,
Davis, De La Torre, De Leon, Eng, Evans, Feuer, Fletcher,
Fong, Fuentes, Fuller, Furutani, Galgiani, Gatto,
Gilmore, Hagman, Hall, Harkey, Hayashi, Hernandez, Hill,
Huber, Huffman, Jeffries, Jones, Lieu, Logue, Bonnie
Lowenthal, Mendoza, Miller, Monning, Nava, Nestande,
Niello, Nielsen, Norby, V. Manuel Perez, Portantino,
Ruskin, Salas, Saldana, Silva, Skinner, Smyth, Solorio,
Audra Strickland, Swanson, Torlakson, Torres, Torrico,
Tran, Villines, Yamada, John A. Perez
NOES: Anderson, Conway, Gaines
NO VOTE RECORDED: Bill Berryhill, DeVore, Garrick, Knight,
Ma, Vacancy, Vacancy
TSM:mw 8/31/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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